Transcriptions

Here are the transcriptions of the court documents from the previous post - thanks to my husband who typed as I worked my way through the documents:

Page 1


November 12, 1912

The grand jury of Johnson into ? and made a partial report, and on being called answered us follows to witness. J.L. Franklin, H.H Litteral, Will Lemaster, Lenard Daniel, G. G Price, M.L Ford M. L. Price, Will Preston, Lee Vanhoose, David Johnson, Jus ? and Tom Salmons, thereupon the foreman in open court, and in presence of whole grand jury, reported and delivered to the court the following indictments against the following named defendants, for the crimes or offenses set opposite there respective names as follows to witness.

Commonwealth of KY versus Osric Picklesimer, willful murder.


Page 2

November 18, 1912

Commonwealth versus Osric Picklesimer willful murder

Defendant herein having enter motion for bail herein, and by agreement of attorney for the commonwealth and defendants attorneys, defendant is admitted to bail in the sum of ten thousand dollars ($10,000)

Ordered that court and grand jury be adg until tomorrow morning 9 o’clock November 19 1912

A. J. Kirk Judge

Page 3

March 6, 1913

Commonwealth of KY versus Osric Picklesimer murder.

This cause being called the commonwealth answered no ready. Ordered that this cause be set for trial on the ninth day of present term and the following witnesses were recognized as witnesses for commonwealth in the sum of $200 cash as follows to witness. Dr. LB Jones, Mase Tackett, Andrew Brown, Christina Brown, Jas Trimble, U.S ? , Blain Kimble, Docky Jones, Brownlow Jones, Henry Brown, Harlan Salyer,

Page 4

Lee Osborn, Sam Stambo, the following witnesses were recognized for defense , -Levina Psimer, Olka Psimer, Jno L Caudill, Callie Psimer, Cassie Psimer, PJ Williams, Leek Stambo, Lawrence Stambo, Jno Lemaster, Levi Lemaster, JB Salyer, Columbus Salyer, Albert Kimble, JM Estep, Jno Sublett, GV Daniel, Manuel Salyer.

Page 5

March 1913

Commonwealth versus Osric Picklesimer

On the call of this case for trial on today the commonwealth’s attorney announced ready for trial and thereupon the defendant by attorneys objects to a trial of this cause at the present term on account of the uncertainty of the time this term should be held and the court being advised and it appearing that the court was in doubt at the last regular term of this court as to the proper time to hold this term of court and being in doubt at that time as to the constitutionality of the act of the legislature of KY. of 1912 fixing the time for holding court in Johnson County and believing and holding same to be void for un-

Page 6

Certainty as to the time at which the Johnson circuit court could be held was there and is now of the opinion that said act should be disregarded and the court should be held under the former acts of the legislature fixing the time for holding court in the 24th judicial district of which Johnson was and still is a part, beginning at Pikeville, Pike County KY. the first Monday in February and county four weeks, to begin at Painstville Johnson County KY. on the Monday succeeding the termination of the Pike circuit court, which under said act the present term of court in Johnson County should have and did convene on the 1st Monday in March 1913 and is now in session. And this situation appearing to the court and judge thereof at its last regular term by order dully entered on the order book of the Johnson circuit court called a special term of court to begin on the 1st Monday in March 1913 and continue four weeks for the trial of this and other causes enumerated in said order which order was made for the purpose of removing any and all doubt as to the time said court

Page 7

Should begin into legalize same (clerk will copy said order) as a part of this which is now made a part of this and the court being of the opinion that the court is being legally held and that the objection is not well taken over rules defendants motion, and objections to which defendant exepts.

Commonwealth versus Osric Picklesimer

On the call of this case the commonwealth announced ready, and thereupon the defendant announced no ready and moved the court to continue this cause on account of absent witnesses and produce and filed his affidavit in support of said motion and it appearing to satisfaction of the court that the defendant has not

Page 8

Used diligence to have said witnesses sub. to be present, not having sued out a sub. for them until after this case was called for trial on a former day of this term, his motion for a continuance is therefore overruled to which defendant excepts.

In the meantime, such process of the court as defendant may request will be issued by the court to procure the presence of said witnesses, if defendant desires process for them and the trial is ordered to proceed, to which defendant excepts.

Page 9

March 12 1913

Commonwealth of KY versus Osric Picklesimer Murder

Thereupon the enpaneling of the jury began EJ Harris, Ross Will. Cot, Rhodes Murry, Kelly Spears, Chaley Gullett, Ad Salyer, was accepted by both parties and the regular panel be exhausted and failing to completed. The jury sheriff is ordered and directed to sum a jury.and adjurn 9 o’clock tomorrow. Thereupon the court admons the jury and swor the deputy

Page 10

Sheriff’s HM Rice, JB Salyer, to keep said jurors to-gether.

Ordered that court be adjourned till 9- oclock tomorrow morning-

A. J. Kirk Judge

Page 11

March 1913

Commonwealth of KY verus Osric Picklesimer Murder

The jury herein being completed. Thereupon the defendant waived a formal arrangement entered plea of not guilty. The following accepted and sworned to try the issue to witness EJ Harris, Ross Wilcox, Rhodes Murry, Kelly Spears, Chaley Gullett, Ad Salyer, JP Burton, Melvin Dulton, Hiram Butcher, Tom Phelps, Proctor Webb, Walter Setzer, HS Howes stated the case for commonwealth and Mr Youg stated the defense for defendant and the taking of testimony begun and not having time to complete the court admonished the jury and placed them in custody of deputy sheriff HM Rice who had been sworn to keep them


Page 12

Together and adjourned to 8-30 O’clock tomorrow morning. Defendant being present was placed in jail.

Commonwealth of KY versus Osric Picklesimer

Ordered that Eula Conley. Official stenographer of this court be and she is appointed to take notes of evidence in this case and report the same in writing to this court.

Ordered that court be adjourned till 8-30 O’clock tomorrow morning.

A. J. Kirk Judge

Page 13

Commonwealth of KY versus Osric Picklesimer Murder

The jury herein came into court at 8-30 a.m in custody of sheriff. Defendant being present the taking of testimony continued and not being able to complete the evidence the court admonished the jury and placed them in custody of Sheriff Henry Ward who had been sworn as the law directs and adjourned until 8- O’clock tomorrow morning.

Page 14

March 20, 1913

Commonwealth of KY verus Oscric Picklesimer M.M

This case being called for trial commonwealth announced ready for trial and the defendant answered not ready and filed his affidavit for continuance the court being advised over rules the motion defendant objects and excepts. Adjourned court until 9 O’clock a.m. to give defendant time to consult with his attorney and prepare his defense and process for all his witnesses.

Commonwealth of KY versus Osric Picklesimer C.C. D.W

This case being called for trial commonwealth answered ready. Defense announced not ready. The court upon consideration over rules, defendant objects and excepts motion for continuance and adjourns court till 9 O’clock a.m. tomorrow to give defendant time to prepare his defense.

Page 15

March 21, 1913

Commonwealth of KY versus Osric Picklesimer M.M.

This case being called for trial came the following jury who were accepted and sworn to try the issue to witness, Alex Gullett, Jas Rose, John Daniel, Theo Walker, Fred Baldwin, Clell Preston, Turner Spradlin, Dudly Richie, John Welch, Jno Calvin, Low Wells, ? Conley.

After hearing all the evidence and instructions of the court returned into court the following verdict “We the jury agree and find defendant guilty and fit his fine at $25.00.” B Wells one of the jury.

It is therefore adjourned by the court that the commonwealth of KY recover of defendant Osric Picklesimer the sum of $25.00 and all cost.

Page 16

Commonwealth KY versus Osric Picklesimer C.C DW

The law and facts being submitted to the court, judgment is entered against defendant for $30.00 thirty dollars, ten days in jail. It is therefore adjourned that the commonwealth of KY the sum of $30.00 and that defendant be confined in county jail for 10 days, together with all costs. Defendant being in custody was placed in jail.

Update: Osric Picklesimer Trial

Grandpa asked me to do additional digging in the murder case of his great grandfather Nathaniel Picklesimer.

I requested the archives from the Johnson County clerk and received a total of 16 scanned pages from the county's court order book. Testimony and evidence has been requested from the archives in Frankfort, Kentucky.

Transcriptions to come soon!

Wilma Myrtle Weber's Grave

Last night, Jordan, Lily and I visited my great-Aunt Wilma's grave in St. Joseph's cemetery located about 15 minutes south of Columbus. This is Grandma's sister that died at age 22 when she delivered pre-maturely.

It is a beautiful tombstone, a light pink with black specks set in a granite stone. Here it is shown; WILMA W. Even though her middle initial is M, I am assuming they put the initial of her maiden name, Wallen.

Interestingly enough, she is buried next to her huband of 18 months - Richard Lee Weber. He died 32 years later! With this discovery, I have many questions:

Did he re-marry?

Does he have any children?

What about the alleged claim that he got another pregnant when Wilma was pregnant?

Who paid for this beautiful stone?

What about the flag - did he serve in the military?

Lily and I paid our respects and felt a little closer to Grandma's sister. Who else has visisted this site, anyone?

Church and Country Store

This is the church that Grandpa's paternal grandmother attended. This church was founded in 1886 and is called Cannon Baptist Church. Grandpa says that the entrance and steps were added onto the building and does not recall them as a child. He said he would go there with Granny Picklesimer and his cousins.

 He remembers as a teenager, attending 'retreats' where a bunch of youth would gather here and hang out and try to be taught things concerning the Bible. Grandpa said he would go only because he would get bored with nothing to do in the hollows!

This store above, was owned by Grandpa's great uncle. The side was orignally apart of the store and not a garage. Presently, this is an abandoned shop off the side of the road.

Flat Gap High School

This is currently the elementary school for the children of the Flat Gap area in Kentucky. However, when it was originally built in 1944 it was the high school for grades 8-12. Grandpa went to school here and has very fond memories of his time spent in high school. 

All of of Grandpa's siblings, including himself, graduated from high school which was quite a feat for the time and the geographical region. Grandpa graduated in 1948 and was quite the basketball player. He has many stories about him and his coach who would call him 'Big Pickle'. Those stories, however, are for another post.

Grandpa commented that it was a wonder why his parents pushed him and his siblings to finish school when all that was available in the means of a career was farming, which was quickly dying and coal mining. Both, did not require a high school in any shape. He is thankful for his high school degree that prepared him for his vocational studies in mechanics later in life.

He remembers that when in school they would spend 2 hours a day in agriculture class. He commented what a waste he thought that was! Why would he need to learn things that his parents and himself performed on a daily basis (Growing corn, tending to livestock, etc.). Either way, it taught him discipline.

This school was a huge asset to this rural Flat Gap community. This school provided the students with such luxuries as running water, indoor bathrooms that were plumbed, water fountains and electricity! Grandpa mentioned that in the prior building there would be a big bucket in the school room filled with well water. Each student would have there metal cup on a peg on the wall above the bucket. That is how they would take a drink during the day!

I love this picture below, Grandpa, myself and Lily

Right next to the school, is a large field pictured below. It's tobacco, right next to an elementary school! Grandpa said that house and the barns were there when he went to schoool there.

Coal Mining

The above picture is the creek that runs through the hollows that was the original means on transportation throughout the hollows. It was also the main path of hauling coal from within the hills to the town. Grandpa was a coal miner, as with his brothers and his father, Oakley Picklesimer. Grandpa said coal become in demand around WW II when Kentucky let out it's prized secret: it held coal in it's rolling hills and a lot of it.

Grandpa explained that his family worked for small coal mining companies where they would get paid by what they mined. They would mine all through out the hills in little caves, only going about 500-600 feet into the hill. He recalls that, at that time, coal mining did not seem dangerous to him. Sure it was labor intensive, but it was cool in the summer and warm in the winter inside the caves. It was never really discussed the extreme danger associated with mining.

He told the story of a man they were working with one day in a mine shaft. They were using a machine to mine the coal, a huge piece on the side of the cave. When this man was using a lever to pry the coal off, the piece fell off and onto him. He died. They saw a man die from a huge piece of coal!

In the picture below, this is a mine shaft right off the side of the road! As we were driving through the hollow, Grandpa would point right before the shaft and say 'We used to mine at this shaft right here...'. I would think, riiiiight (sarcastically) but after driving a little more, there it would be - the mine shaft! Yes, many of the shafts are covered with vegetation but we found this little gem below.

Nathaniel Lindsey Picklesimer

Nathaniel Lindsey Picklesimer is Grandpa's paternal grandfather. The image above is his original death certificate from September 7th, 1912.

The store goes a little something like this.. (I'll have to go through court documents to confirm or deny!)

Grandpa's father Oakley had 8 siblings. One of his older siblings was Osric (Ossie) Picklesimer. At the age of 27, Osric shot their father with a shot gun in the face and neck when his father was 47 years old. Now here is where the here-say comes into play. Supposedly, Nathaniel was cheating on their mother, Leva Ann LeMaster-Picklesimer and was no longer in love with her. He wanted a divorce and she did not.

So, one evening as Nathaniel is coming over the hill, Osric grabs a shot gun and shoots him. In the face and kills him. Osric was jailed, put on trial in Johnson county circuit court and then the grand jury anf finally released as not guilty due to self defense (if that even makes sense...).

After this event, not sure how long later, but Osric leaves Paintsville, Kentucky and moves over seas to the Phillipines to be a 'teacher'. I haven't been able to verify that he was a teacher but a census record from 1918 confirms that Osric Picklesimer lived in the 5th district in the Phillipines as a 'special agent'. Osric, according to record and word of mouth, never married and died in 1921 at the young age of 36.

Here are the scanned pages from the Phillipine census:

As a side note, Grandpa's older brother Kermit served in the Phillipines and would write back to their mother, Mallie Hitchcock-Picklesimer. At the time, Kermit could not tell his mother where he was serving for security purposes. However, in the letters that Mamaw would keep in her apron, Kermit wrote 'I hope to visit uncle Ossie's grave' as a clue to let her know where he was.

What great stories!

William Wallen and Bessie Persinger-Wallen Wedding

This is the original copy of Grandma's parent's wedding certificate! How amazing is that?

William Wallen married Bessie Alma Persinger on August 1st, 1923 in Widen Clay West Virginia. Jordan and I almost share the same anniversary as they do - we're August 6th!

Wilma Myrtle Wallen-Weber

Wilma Myrtle Wallen-Weber is one of Grandma's older sisters who died in her early twenties. Above is her death certificate from the Ohio Health Department. Amazing what you can find on the internet!

The story goes a little something like this...

Aileen, Wilma's older sister, took a job in Columbus, Ohio in the 1940's. Wilma decided to move up there with her and took a job in the credit department for the city of Columbus. She met a man named Richard Lee Weber and they were married in 1946. A brief 10 months later, Wilma was pregnant but delivered a still born baby boy at 8 months in Grant Hospital. The cause of death was toxrmia of pregnancy. She died at the birth of the still born baby boy.

Grandma said that Wilma was always a sickly child, who contracted Typhoid fever at a young age. She had poor kidney function which was most likely the culprit and cause of her death.

Grandma claims that Richard cheated on Wilma and got another girl pregnant at the same time that Wilma was pregnant!

Here is the home where Richard and Wilma rented out rooms located on the south-central side of Columbus on 395 Fairwood Ave. (The house on the right)

William Wallen

Grandma's Dad was William Wallen who worked as a civil engineer in Paintsville, Kentucky. At the end of this life, he lived with Grandma in Perryton, near Frazeysburg, Ohio. After Bessie died while giving birth to Rosemary Wallen, he re-married another women who was also widowed with four children.

Here is his obituary:
 WALLEN, William


1895-1970

Seventy-five year-old William Wallen, died January 31, Frazeysburg, Ohio at the home of his daughter, Mrs. Anna Mae Picklesimer. The retired mine engineer was born in 1895 in Letcher County to Grandville Perle and Atha Conns Wallen. Burial was at the Highland Memorial Park at Staffordsville, with The Jones Preston Funeral Home taking care of the arrangements. Cecil Sherman conducted funeral services for the Church of Christ member at Paintsville First Christian’s Church on Tuesday afternoon on February 3. The W.W., I veteran was a Paintsville resident almost until the time of his death. Wallen is survived by two step sons, Byrnes Fairchild of Frankfort and William E. Fairchild of San Francisco, California; eight daughters, Alene Parker, Brownsville, Cal.; Anna Mae Picklesimer, Frazeysburg, Ohio; Helen Frye, Pataskala, Ohio; Joy Caudill, Thealka; Rose Mary Greer, Paintsville; Betty Myers, Newport and Janet Wallen of Paintsville. Also living on is his brother, from Detroit, Mich., Lloyd Wallen; five sisters, Mrs. Joe P. Tackett, Prestonsburg; Mrs. B. H. Crace, Jenkins; Mrs. Ollie Toliver, New Jersey; Mrs. Annie Wright Watt of Kingsport, Tenn. and Mrs. Cecil Meek from Myra, twenty- seven grandchildren and three great grandchildren. Paintsville Herald Wednesday 2-25-1970

Bessie Alma Persinger-Wallen

Grandma's Mom was Bessie Alma Persinger-Wallen (1901-1936). She had seven daughters within the span of 12 years!

Here is her obituary:

WALLIN, Mrs. William (note the incorrect spelling and lack of first name)


1936

Young Mother Succumbs After Short Illness

Mrs. William Wallin died at the Paintsville Hospital Wenesday, December 30, after an illness of several weeks. She was the mother of seven daughters and leaves an infant daughter about three weeks old. Funeral services will be held in the Mayo Memorial Church Friday morning at 10 o'clock and burial will be in the Paintsville cemetery. Besides her seven daughters, she is survived by her husband and her parents, Mr. and Mrs. Tersinger of Charleston, W. Va. Mr. Wallin is an engineer for the North-East Coal Company. They resided in new home on Davis Branch, near Paintsville. She was a member of the Mayo Memorial Church and leaves her family and a host of friends to mourn her passing. Paintsville Herald 12-31-1936 Thursday

 

Vaughn Colin Picklesimer

Grandma delivered a still born baby after carrying him for 10 months. She never saw him.

Here is his obituary from the Paintsville Herald:

PICKLESIMER, Vaughan Colin


1960-1960

Graveside Rites Held Sunday For Picklesimer Infant

Vaughan Colin Picklesimer 1-day-old son of Allen and Anna Mae Wallen Picklesimer of Sitka, died in a local hospital at 4:30 a.m., September 21, 1960. Surviving besides his parents are a brother, Allen Oakley Picklesimer, and a sister Kathy Picklesimer, both at home also surviving are his maternal grandfather Bill Wallen, Davis Branch and paternal grandparents, Mr. and Mrs. Oakley Picklesimer, Sitka. Graveside services were conducted at 10:00 a.m., Sunday from the White House Cemetery at Volga with John Wheeler officiating minister. Paintsville Herald Wednesday Sep.21 1960

Family

Allen Holt Picklesimer (Grandpa) was born in 1930 in Sitka, Kentucky which is a city located outside the perimeter of Paintsville city limits. His mother was Mallie or Matilda Hitchcock-Picklesimer (1899-1988) and his father’s name was Oakley Picklesimer (1894-1988). His paternal grandfather Nathanial Lindsey Picklesimer (1865-1912) and his spouse Leva Ann LeMaster-Picklesimer (1865-1949). His maternal grandmother was Katherine Salyer-LeMaster (1836-) and his maternal grandfather’s name was Daniel Lemaster(1820-).


Grandpa said his Mom gave birth to him (as well as his siblings) in the Homeplace, with only a midwife. He continued to say that back in that time, and for quite a while, there were no real doctors. There were men who had read books and called themselves doctors. They did not have formal education or even a degree but they were all the rural people had in the way of health care. Grandpa explained that later in his life real doctors came into town with an actual degree and wanted to build up their clientele and would use their educational background to sway them from their rural, non-educated doctors.

Holler Vocabulary

Looking back into our childhood, most of us can come up with words or phrases that we often used verbally never really looking into how they were spelled or properly pronounced.
Where Grandpa grew up, if the word ended in ‘a’ then it was pronounced ‘ee’ instead of the ‘a’ sound.

Here are some examples that Grandpa came up with:

Cynthia – Cynthee

Sitka – Sitkee

Melissa – (dropped the beginning as well) Lisse

Also, they would shorten and combine words ; usually to make them easier and quicker to say.

Here are some examples that Grandpa thought of:

Sy – Says I

I swan – I swear

Elt – Hell

Picklesimer Homeplace

The Picklesimer homeplace witnessed many births, deaths and events in the Picklesimer family.

Oakley, Grandpa's father, enlisted in World War I and was there for 6 months until he was injured and then sent back home. From that time until he passed in 1988, he received $50.00 a month as a pension from the government. Back in the early 1900's $50 was a lot of money! Along with the pension, Oakley worked in the coal mines once coal was discovered in the area and in high demand. With that money, Grandpa's family was taken care of in a modest way. They owned 300 acres of land and an assorment of animals, including cows that were a luxury item of that era.

Fields, pastures, fences, corn, livestock all once surrounded the Picklesimer Homeplace. As seen in 2008, the outhouse was beginning to crumble as vegetation grew around.

This is a front view from the Homeplace in 2008.

This is possibly a box for chickens to live in.

Closer view of the front of the house.

Jars and other items on the wooden shelves.

Hallway that connected to the additional part of the homeplace.

Brown Br

Brown Br is a holler that winds through the hills of Sitka, Kentucky. After driving down state route 23 south and traveling west on state route 201, followed by driving west on state route 1559, one finally reaches the intersection for Brown Br which stands for Brown Branch.

While driving down this holler, you'll see the rich appalachain vegetation abundant with agriculture.

In this field here, Grandpa ran and played with many of his cousins. While there is a paved street now, 60 years ago there wasn't much more than a dirt road. Before the dirt road, there was the creek that runs alongside Brown Branch. Grandpa commented that the creek was used as the street. He would haul coal up and down the hill in his truck through this creek on a daily basis. When asked "Did you ever get stuck?", he laughed and added non-chalantly that of course he got stuck in mud in all types of trucks and cars.

This is an original house (?) along Brown Branch with a tin roof. Grandpa commented that tin roofs are no longer around but "...you could sleep a mile a minute..." because of the sound the rain made when hitting the roof at night.

This is an original barn that Grandpa remembers playing in when he was a boy. He said that he would ask his maternal grandmother (Leva Ann Picklesimer) to take him and his siblings anywhere around the hollers, just to have a change of scenery and to do something. Grandpa loved to meet up with his cousins that lived in the Sitka and Flat Gap regions of Kentucky.

He recalls this barn in paticular that they would play in as children. Time, of course, has taken it's toll on the building. Grandpa commented repeatedly about the current status of the hollers. He was astonished how the buildings were dilapadated or completely overgrown with vegetation.

What it must feel like to travel down streets that you have traveled hundreds or thousands of times and to think back 60 years ago when they were dirt streets with cleared land all over filled with corn or tobacco crops.